Former chief of AG explains prosecution without finding Lizzi Marriott's body in Portsmouth

Wednesday

Oct 24, 2012 at 3:15 AMOct 24, 2012 at 10:56 AM

By Andrea Bulfinchabulfinch@fosters.com

PORTSMOUTH — “In cases where the body of the murder victim is not available the prosecution has the burden to prove that the death occurred,” Charles Putnam, codirector of the Justice Works program at UNH, said, though admitting it doesn't mean a conviction is impossible.

As the search for Lizzi Marriott, the 19-year-old University of New Hampshire student believed to be slain, enters day 12, the importance of finding the woman's body remains a priority for search officials despite her the killing already being charged with her death and prosecutors moving forward with the case.

According to Putnam, in a case such as this, death of another person is always an element the prosecution would have the burden of proving beyond a reasonable doubt. He also said the examinations normally performed on a person's remains by the state's chief medical examiner and pathologist would provide incredibly valuable information into the cause of the individual's death.

Though he says in cases such as these the prosecution would have the burden to prove death, Putnam could not comment on this case directly and spoke only in general terms. He said not having the remains does not necessarily mean a conviction is impossible.

Seth Mazzaglia, 29, of Dover, is charged with second-degree murder in Marriott's death and officials say there is “credible evidence” that leads them to believe she is not alive. A search for Marriott has been ongoing in the Peirce Island area of Portsmouth since Oct. 12, three days after Marriott was last heard from.

“I'm aware of cases here in New Hampshire where the AG's office has gone forward without the remains of the murder victim,” he said.

Whether Mazzaglia would be able to plea down to a lesser charge than second-degree murder should the remains go undiscovered is impossible to say, Putnam said.

Having worked at the AG's office for 15 years, Putnam said he's confident, based on his own observations of that office, that officials there are moving forward with the charge because they believe they have evidence to sustain it.

He explained there may be another person involved who saw Marriott following her death, and that even if a statement was provided by Mazzaglia, the office is ethically bound not to disclose whether any statement was given.

Putnam emphasized the human component of the search as well saying law enforcement officials would, of course, be attentive to that element.

“It can be very distressing for a family not to have the remains of a loved one to mourn over,” he said.

With crime scene investigation shows, both reality and scripted, taking over many prime time television slots, Putnam said it's also become normal for Americans to believe crimes like this are solved immediately, but that's often not the case.

Having held the position of chief of the AG's homicide unit for many years, Putnam, while not commenting specifically on the search near Peirce Island for Marriott, said the peculiar characteristics of Great Bay used to both help and hurt cases he'd oversee.

“Evidence washed up that was helpful and evidence that we hoped to get was not recovered because of the current there,” he said.

He said challenges like those are exactly the type professionals in the field, including prosecutors who hold the responsibility of proving death beyond a reasonable doubt, deal with.

“Good prosecutors work very hard to meet that burden and they don't take it for granted,” he said.